The National Government Constituency Development Fund (NG-CDF) has been a cornerstone of Kenya’s development model since its inception two decades ago. It has played a critical role in funding local development projects, particularly in sectors such as education, health, and infrastructure. However, recent legal challenges have put its future in jeopardy, with the High Court declaring the fund unconstitutional in November 2023. This decision has sparked a wave of resistance from lawmakers who are determined to safeguard the fund’s existence.
At the heart of this debate is North Imenti Member of Parliament (MP) Rahim Dawood, who has been vocal about the importance of the NG-CDF in driving grassroots development. Speaking at the launch of a Sh 4.2 million dining hall at Gitoro Primary School, funded by the NG-CDF, Dawood reaffirmed his commitment to defending the fund, even in the face of constitutional challenges. “We will ensure the constitution is amended to include CDF because it has a lot of benefits for Kenyans, especially in the education and security sectors,” Dawood said. He stressed that the NG-CDF has played a vital role in his constituency, with more than Sh 1.5 billion allocated since 2013. This funding has contributed to the construction of schools, health facilities, and local infrastructure, making a tangible impact on the lives of ordinary Kenyans.
The call to safeguard the NG-CDF is not just about preserving the fund’s financial allocations but also about maintaining a mechanism for local participation in the development process. MPs argue that the fund allows for more effective decision-making at the constituency level, where local needs are better understood. With the fund being closely tied to the priorities of elected representatives, its continuation ensures that lawmakers have a direct say in how public funds are spent in their respective constituencies.
However, the High Court ruling, delivered by Judges Kanyi Kimondo and Roselyn Aburili, declared that the NG-CDF is unconstitutional. The judges pointed to the fund’s structure and operation, which they argued did not align with the provisions of the 2010 Constitution. In their judgment, they directed that all activities related to the NG-CDF be halted by June 30, 2026, unless the law is amended to conform with constitutional requirements.
The court’s decision is the latest in a series of legal challenges that have surrounded the NG-CDF since its introduction in 2003. In 2020, a three-judge bench had already ruled the CDF Act invalid but granted lawmakers 12 months to make the necessary amendments. Despite this, the fund continued to operate, with the government and lawmakers prioritizing its importance in funding local projects. Now, with the 2026 deadline looming, MPs are determined to protect the NG-CDF by pushing for constitutional amendments that would entrench its existence.
One of the key figures in this push is Yusuf Mbuno, the Chief Executive Officer of the NG-CDF Board, who accompanied Dawood at the launch event. Mbuno echoed the call for MPs to ensure that the fund remains intact, urging fund managers to be prudent in its use. While there is consensus on the necessity of maintaining the NG-CDF, there are also calls for more transparency and accountability in how the funds are managed. MPs must work to balance the need for local development with the broader constitutional principles of devolution and accountability.
The battle to safeguard the NG-CDF represents a crucial moment in Kenya’s ongoing quest to balance local development with constitutional principles. While MPs are committed to ensuring the fund’s survival, the government must also address concerns around the fund’s governance and its alignment with the constitutional framework. As the clock ticks down toward 2026, the future of the NG-CDF will depend on the ability of lawmakers to work collaboratively with the judiciary to find a solution that ensures the fund’s continued success while upholding the integrity of the Constitution.
